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Have you bred a superior, disease‐resistant plant? Or developed a plant with exceptional vigour and consistent outcomes? If you’re pioneering unique plant varieties, you’ll want to ensure that only you can commercially benefit from your creation.
Plant Breeders’ Rights provide you with exclusive authority to manufacture, sell, export and propagate your unique plant variety, giving you a vital competitive edge in the marketplace.
Plant Breeders’ Rights are a specialised form of Intellectual Property protection that enables you to market your registered plant variety for 25 years – or 30 years in the case of potato varieties, trees, vines and other specifically designated crops. These rights help ensure that your innovative breeding efforts remain exclusively profitable for you.
Why Do I Need Plant Breeders’ Rights?
If you want to capitalise on your breakthrough in plant breeding, securing Plant Breeders’ Rights can grant you the market exclusivity necessary to outpace competitors. This exclusive control over your variety not only shields your inventive process but also enhances its value, as you become the sole supplier for a defined period.
Once registered, your rights empower you to:
- Produce or reproduce the plant variety
- Maintain a stock of the plant
- Condition (clean, coat, sort, package and grade) the propagation material
- Sell the plant variety as a commercial product
- Export the material worldwide
How Do I Register Plant Breeders’ Rights?
To register your Plant Breeders’ Rights and obtain a UK Plant Breeders Right (PBR), you’ll need to follow a series of updated steps that reflect the latest guidance for 2025:
- Create a breeders reference. Every new plant variety requires a unique reference. Choose a name that meets approval criteria and then send it to [email protected] for confirmation.
- If your variety is genetically modified, secure the necessary consents in accordance with the current UK regulatory requirements.
- Set up an account on the UPOV PRISMA system, if you haven’t already, and complete your PBR application there – please note that a fee applies.
- Pay the requisite fee to the Animal and Plant Health Agency (APHA). The fee amount varies depending on the crop variety; for the latest fee structure for 2025, please view the guidance here.
- Provided that your plant variety meets the criteria of distinctiveness, uniformity and stability without objections, an affirmative decision will be published in the monthly issue of the Seeds Gazette.
- While applications for plant breeders rights are accepted year-round, if you plan to register your variety during this cycle, ensure you adhere to the relevant deadlines. For details on the updated 2025 cutoff dates, check the national listing closing dates.
For comprehensive, up-to-date guidance on applying for Plant Breeders’ Rights, the UK government has published detailed guidelines online that reflect the statutory requirements for 2025.
How Do I Use Plant Breeders’ Rights?
Plant Breeders’ Rights form a core component of your overall Intellectual Property strategy. They can be enforced alongside other protective measures such as patents and trademarks. For example, safeguarding your plant variety’s unique name or logo with a registered trade mark can further solidify your market position.
Once your plant variety is registered, the rights extend to the propagating material and even to essentially derived varieties-those subsequent varieties that share the key characteristics of your original. Combining diverse IP protection strategies ensures that you maximise the legal shield around your innovation.
In today’s dynamic landscape, rapid advancements in plant breeding technologies such as CRISPR and advanced genomic selection have further enriched the sector. As we progress through 2025, updated regulatory measures ensure that even innovative breeding techniques meet the stringent requirements of distinctiveness, uniformity and stability. It is imperative to stay abreast of these developments and adjust your IP strategy accordingly.
If you’re planning to commercialise your new plant variety, you might also benefit from exploring our broader resources on business set up and Intellectual Property to ensure your innovation is supported by a robust legal framework.
Need Help?
Applying for Plant Breeders’ Rights can seem like a daunting task with many steps to manage. However, with the right legal support, you can navigate the updated 2025 regulations with confidence.
Our highly experienced Intellectual Property lawyers are here to help you protect your innovative plant varieties. Whether you need guidance on the registration process or advice on combining various forms of IP protection, our team can offer expert support tailored to your needs.
Contact us at [email protected] or call 08081347754 to get started. In the meantime, keep nurturing your innovation and watch your botanical breakthroughs flourish!
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